Florida District Courts of Appeal, 2004

Vazquez v. City of Hialeah Gardens

Vazquez v. City of Hialeah Gardens
Florida District Courts of Appeal · Decided March 31, 2004 · Cope, Levy, Ramirez
874 So. 2d 626; 2004 Fla. App. LEXIS 4491; 2004 WL 625754 (Southern Reporter, Second Series)

Vazquez v. City of Hialeah Gardens

Opinion of the Court

PER CURIAM.

Affirmed. See Webb v. Florida Health Care Mgmt. Corp., 804 So.2d 422, 424 (Fla. 4th DCA 2001) (explaining that “[i]n order to prevail on a constructive discharge claim, an employee must show, under an objective standard, that the employer made working conditions so difficult that a reasonable person would feel compelled to resign.”).

LEVY and RAMIREZ, JJ., concur.

Concurring Opinion

COPE, J.

(concurring).

For summary judgment purposes I accept the proposition that the changes in the plaintiff-appellant’s hours and working conditions, and other limitations imposed by the then-mayor, made working conditions so difficult that a reasonable person would resign. The plaintiffs testimony, however, was that the then-mayor wanted to force the plaintiff out of his position so she could give it to her then-boyfriend. This negates the claim under 42 U.S.C. Section 1983 that these actions were undertaken on account of discrimination on the basis of national origin.

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